Convincing the Jury to Accept a Trial Presentation System
If you are using a computerized trial presentation system, there are a few issues which need to be considered when selecting a jury. If you represent the “big guy” against the “little guy,” you may be concerned that the jurors could view the system as giving you an unfair advantage. Other jurors may not like computers and may not trust them. Most jurors will be wondering why the computers are in the courtroom. These issues can typically be resolved by spending about three minutes of voir dire on the subject.
During voir dire, accomplish four steps. First tell the jury that you will be using a trial presentation system. Second, identify computer-phobics, if any, and determine if this condition could result in prejudice. Third, tell the jury why you are using the trial presentation system. Fourth, obtain the jury’s agreement not to show prejudice against your client because you are using the system. Finally, if you have offered opposing the opportunity to use the system at trial, find a way to work in that fact.
Sample Voir Dire On Issue Of Trial Presentation System
Tell The Jury You Will Be Using A Trial Presentation System
Attorney: You might have gathered from all of the computer equipment in the courtroom that we are going to use a computerized system to present evidence. It will display documents and other evidence on the big screen over there on the far wall (point). The computer under counsel table will control the projector (point).
Identify Computerphobics
Attorney: Is there anyone who distrusts computers or information from computers or anyone who just doesn’t like to be around computers or use computers?
IF SO, FOLLOW-UP:
Attorney: Mr. Jones, you indicated yes to my last question, what are your feelings about computers?
Mr. Jones: The data is just too easy to change. I could go on, I just don’t trust them.
Attorney: I’ve heard that said about the data being easy to change, but here in the courtroom, Attorney Johnson will be examining the documents put on the screen to make sure they are true copies of the originals. As a matter of fact, we have offered that Attorney Johnson can use the system at trial, and he has indicated that he may at times. So, will you be able to consider the documents and other evidence shown to you on the screen with equal weight to documents which may be copied and passed out to you?
Mr. Jones: I think so, I didn’t mean to suggest that you would change any documents. Attorney: Thank you, sir. Mrs. Smith, you also indicated yes to my last question, what are your feelings about computers?
Mrs. Smith: I don’t trust them, the IRS audited me and said I owed extra money, all because of a computer mistake.
Attorney: Well, I won’t tell you that there won’t be any computer mistakes in this trial, but any mistakes will probably be my fault, in not running the system correctly. I’ll try hard not to make those mistakes, will you be able not to let it prejudice my client if I do?
Mrs. Smith: Sure.
Tell The Jury Why You Are Using A Computerized Trial Presentation System
Attorney: There are two reasons we are using the computer system. First, we hope it will speed up the trial. The other reason is that we hope it will be easier for you, the jury, to understand the exhibits if you can see pictures of them on the screen while we are discussing them with the witness.
Gain The Jury’s Assurance Not To Prejudice Your Client Because You Are Using the System
Attorney: Given all of this, is there anyone who mistrusts computers, or who just doesn’t like computers to the point where you think that our using the system would make it difficult for you to render a fair decision in the case?
Conclusion
Explaining the system to the jury in advance in the light most favorable to your client, should make the system more acceptable to them. Moreover, gaining their agreement not to prejudice your client because you use the system should go a long way to prevent later juror discussions about any unfair advantage you may have received from using the computer system.
